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2026 DAILYLAW 29115 (PAT)

Bala Yadav v. The State of Bihar

CR. MISC./52802/2026 · 2026-08-13

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52802 of 2026 Arising Out of PS. Case No.-47 Year-2026 Thana- SRINAGAR District- West Champaran ====================================================== Bala Yadav S/o Chhabila Yadav Resident of Village- Srinagar, Ward No. 01, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 13-08-2026 1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 118(1), 115(2), 109, 74, 76, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023. 3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases and the informant alleges that on 02.03.2026 at 9 A.M., she was returning home after collecting the installment of Rs.30,000/- from America, Kaushal and Manoj, further on the way, petitioner intercepted her and tore her clothes and dashed her on the ground and thereafter with a knife threatened, but she managed to push him and started fleeing, when named accused persons came and on order of petitioner, accused Nil Yadav assaulted by lathi causing Patna High Court CR. MISC. No.52802 of 2026(2) dt.13-08-2026 2/3 injury on head, it is also alleged that petitioner took away Rs.30,000/- and the informant was treated in a hospital. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant on account of dispute existing in between the parties. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that entire family members of the petitioner have been implicated. It is next submitted that even injury has been opined to be simple in nature and the blow is not alleged to be repeated. It is further submitted that the date of occurrence is 02.03.2026 and the FIR came to be instituted on 06.03.2026 i.e. after a delay of four days. It is thus submitted that had any occurrence of the nature as alleged had taken place, in that event, the informant would have promptly instituted an FIR or hospital would have reported to the police that a case of assault has been admitted in the hospital for treatment. It is also submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner but then the learned counsel Patna High Court CR. MISC. No.52802 of 2026(2) dt.13-08-2026 3/3 appearing on behalf of the informant is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that family members of the petitioner also came to be implicated in the instant case. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Srinagar P.S. Case No.47 of 2026, subject to the conditions as laid down under Section 482(2) B.N.S.S. 7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. amit/- (Satyavrat Verma, J) U T